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In the current context, in particular, the apparent renewed systematic
practice of enforced disappearance and the killings of Red Cross
workers, it is critical that the Commission and IIGEP not be portrayed
as a substitute for robust, effective measures including national and
international human rights monitoring.
Commission chair Udalagama defended the CoI’s work. “Members of the
commission are confident that the CoI could continue to discharge its functions
independently and that the mandate of the commission can be implemented in the
best interests of justice,” he said. 278
Regarding the involvement of the attorney general’s office, he said the commission
was “satisfied regarding the professional integrity and the professional services
being rendered.” On funding, he said the government “has assured the CoI that it
will make available all required resources for the commission.”
The IIGEP issued a second report four days later, which said the commission’s
conduct was “inconsistent with international norms and standards” and that failure
to take corrective action “will result in the commission not fulfilling its fact-finding
mandate in conformity with those norms and standards.”
In particular, the IIGEP again questioned the role of the attorney general’s
department in assisting the CoI, highlighting the conflict of interest that
“compromises national and international principles of independence and
impartiality.” 279
The report cited specific examples of the lack of impartiality by the attorney general’s
office, such as the improper leading of witnesses. The report concluded that “the
commission does not seem to have taken sufficient corrective measures to ensure
that its proceedings are transparent and conform with international norms and
standards of independence, impartiality and competence.”
278 “Response from the Chairman of the Commission of Inquiry to the IIGEP’s Public Statement,” June 11, 2007. For the full text
of the response, see http://www.dailymirror.lk/2007/06/12/feat/01.asp (accessed June 28, 2007).
279 “International Independent Group of Eminent Persons Public Statement,” June 15, 2007.
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